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Posts Tagged ‘Defend the Guard Act’

Arizona State Senate Passes ‘Defend the Guard Act’ | The Libertarian Institute

Posted by M. C. on March 23, 2023

When has the National Guard actually defended US?

No chance of Kelly and Casey supporting a national bill.

https://libertarianinstitute.org/articles/arizona-state-senate-passes-defend-the-guard-act/

by Michael Maharrey

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[Yesterday], the Arizona Senate narrowly passed the Defend the Guard Act, a bill to require the governor to stop unconstitutional foreign combat deployments of the state’s National Guard troops. Passage into law would take a big step toward restoring the founders’ framework for a state-federal balance under the Constitution.

Sen. Wendy Rogers (R) and three fellow Republicans introduced Senate Bill 1367 (SB1367) on January 31. Titled the Defend the Guard Act, the legislation would prohibit the governor from releasing any unit or member of the Arizona National Guard into “active duty combat” unless specific constitutional requirements are met:

The United States Congress passes an official declaration of war or takes an official action pursuant to article I, section 8, clause 15, United States Constitution, that calls on the National Guard to expressly execute the laws of the union, repel an invasion or suppress an insurrection.

“Active duty combat” is defined as performing the following services in the active federal military service of the United States:

  • Participation in an armed conflict;
  • Performance of a hazardous service in a foreign state; or
  • Performance of a duty through an instrumentality of war.

“Official declaration of war” is defined as “an official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the United States Constitution.”

Last month, the Senate Military Affairs and Public Safety Committee approved the Arizona Defend the Guard Act by a vote of 4-3. On March 6, the Senate Rules committee also passed SB1367 by a 4-3 vote. Today, the full Senate approved SB1367 by a vote of 16-13-1.

In Practice

National Guard troops have played significant roles in all modern overseas conflicts, with over 650,000 deployed since 2001. Military.com reports that “Guard and Reserve units made up about 45 percent of the total force sent to Iraq and Afghanistan, and received about 18.4 percent of the casualties.” More specifically, Arizona National Guard troops have participated in missions in Iraq, Afghanistan and other countries.

Since none of these missions have been accompanied by a Constitutional declaration of war, nor were they in pursuance of any of the three conditions set forth in Article 1 Sec. 8, the Defend the Guard Act would have prohibited those deployments.

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States must take the lead to get U.S. out of pointless and endless wars

Posted by M. C. on December 22, 2020

With America’s armed forces soon to fall under the control of a Congress that will, in all likelihood, do everything they can to keep our troops overseas, it’s time for the states to step up. This is why I will soon be filing the Defend the Guard Act in South Carolina, a bill that would allow the governor to withhold national guard troops from being brought under federal control.

http://www.washingtontimes.com/news/2020/dec/14/states-must-take-the-lead-to-get-us-out-of-pointle/

By Stewart Jones

While President Trump was negotiating yet another peace agreement this week — this time between Israel and Morocco — his enemies beat the drums of war in their ongoing effort to overthrow the America First foreign policy.

It’s sad that throughout the entirety of Mr. Trump’s presidency, the swamp has worked around the clock to dismantle his efforts toward peace. Even worse, with the passage of the disastrous, $740.5 billion 2021 National Defense Authorization Act (NDAA), it appears the neocons and pro-war left will soon regain the levers of federal power, plunging America into another four years of stupid, pointless, endless wars abroad.

With America’s armed forces soon to fall under the control of a Congress that will, in all likelihood, do everything they can to keep our troops overseas, it’s time for the states to step up. This is why I will soon be filing the Defend the Guard Act in South Carolina, a bill that would allow the governor to withhold national guard troops from being brought under federal control.

Sen. Rand Paul, Kentucky Republican, was one of the precious few voices of reason in the congressional vote on the NDAA. In his speech before the Senate, he said, “They believe that a president has the power to go to war anywhere anytime, but when a president tries to remove troops, they say ‘Oh no no. What we really want are 535 generals in Congress to tell him he can’t leave a war.’” Rep. Thomas Massie, Kentucky Republican, also took to Twitter to criticize the bill, writing, “This NDAA bill contains specific language to make it harder for the president to bring our troops home from Afghanistan.”

But heroes of liberty like Mr. Paul and Mr. Massie cannot fight this issue alone. Without reinforcements from elected officials across the board and a powerful grassroots movement to end America’s military expeditionalism, our efforts will never amount to anything beyond empty rhetoric.



In 1950, my grandfather was drafted into the Korean conflict. I grew up hearing stories of courage and sacrifice. The problem with American involvement in Korea was that it didn’t follow a declaration of war, but a U.N. decision to get the U.S. to intervene.

Undeclared war — something with which our country has become painfully familiar over the last half-century — plunges our country into foreign quagmires based on the whims of politicians, rather than American interests.

In Article I of the United States Constitution, Congress is given the authority to declare war; history shows that this check on war is critical to the survival of our republic. The Founders repeatedly warned of the dangers of excessive foreign intervention, having studied the fall of countless republics into entangled empires. 

In Thomas Jefferson’s 1801 address to Congress, he said that the key to preserving our republic was “peace, commerce, and honest friendship with all nations — entangling alliances with none.” In 1795, James Madison said that “of all enemies to public liberty war, is perhaps, the most to be dreaded, because it comprises and develops the germ of every other.” Mr. Trump has tried to follow this advice and our country has seen the benefits of peace and commerce in recent years.

The pressure needed to apply to Washington if we are to see this objective through will not generate itself; it will have to emanate from leaders from across the country who are sick of seeing brave American service men and women shipped overseas with no objective, no plan, and no exit strategy. As I file the Defend the Guard Act in South Carolina, I call on state legislators elsewhere to do the same in their legislatures.

• Stewart Jones is a member of the South Carolina House of Representatives.

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